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DiPIZIO CONSTR. CO., INC. v. ERIE CANAL HARBOR DEV. CORP.

783 CA 16-02279.

151 A.D.3d 1750 (2017)

56 N.Y.S.3d 751

2017 NY Slip Op 04707

DiPIZIO CONSTRUCTION COMPANY, INC., Appellant, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Intervenor-Plaintiff-Respondent, v. ERIE CANAL HARBOR DEVELOPMENT CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 9, 2017.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In a prior appeal we reinstated the complaint of DiPizio Construction Company, Inc. (DiPizio) seeking a declaration that defendant's notice of intent to terminate the construction contract (Contract) the parties entered into for a certain revitalization project and defendant's ultimate termination of that contract were nullities (DiPizio Constr. Co., Inc. v Erie...

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